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DECISION No. 715/2004/QD-BTM OF JUNE 7, 2004 PROMULGATING THE REGULATION ON MANAGEMENT OF IMPORT OF RAW MATERIALS FOR PETROL AND OIL PRODUCTION AND MIXTURE

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004 defining the functions, tasks, powers and organizational structure of the Trade Ministry;

Pursuant to the Government's Decree No. 57/1998/ND-CP of June 31, 1998 detailing the implementation of the Commercial Law on activities of goods export, import, processing and purchase and sale agency with foreign countries;

Pursuant to the Regulation on petrol and oil trading management promulgated together with the Prime Minister's Decision No. 187/2003/QD-TTg of September 15, 2003;

After consulting the Ministry of Science and Technology,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management of import of raw materials for petrol and oil production and mixture.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3.- The enterprises importing raw materials for petrol and oil production and mixture and the heads of the concerned units shall have to implement this Decision.

For the Minister of Trade

Vice Minister
PHAN THE RUE

REGULATION ON MANAGEMENT OF IMPORT OF RAW MATERIALS FOR PETROL AND OIL PRODUCTION AND MIXTURE

(Promulgated together with the Trade Minister's Decision No. 715/2004/QD-BTM of June 7, 2004)

Chapter I

GENERAL PROVISIONS

Article 1.- Raw materials specified in this Regulation include crude oil (petroleum oils in crude form), condensate,... under heading No. 2709, petrol of high-octane rating and preparations for mixing petrol under heading No. 2710 of the current preferential import tariff, imported for petrol and oil production and mixture.

Article 2.- Raw materials imported for producing and mixing petrol and oil for domestic use shall be calculated in the annual total petrol and oil supply balance. The import of raw materials for petrol and oil production and mixture shall be conducted according to the quotas assigned by the Trade Ministry.

Article 3.- Only enterprises having petrol and oil business import permits and certificates of satisfaction of technical conditions for petrol and oil production and mixture shall be assigned quotas for import of raw materials for petrol and oil production and mixture.

Certificates of satisfaction of technical conditions for petrol and oil production and mixture shall be granted by the Ministry of Science and Technology. Enterprises shall only be granted quotas for import of raw material categories prescribed in certificates of satisfaction of technical conditions for petrol and oil production and mixture.

Chapter II

MANAGEMENT OF IMPORT AND USE OF RAW MATERIALS FOR PETROL AND OIL PRODUCTION AND MIXTURE AND CIRCULATION OF PRODUCTS

Article 4.- The Trade Ministry assigns quotas for import of raw materials for petrol and oil production and mixture on the basis of the following dossiers:

a/ Written requests of enterprises (made according to a set form).

b/ Certificates of satisfaction of technical conditions for petrol and oil production and mixture (copies of enterprises and originals for comparison.

c/ Petrol and oil business import permits (copies of enterprises).

Article 5.- Import tax on raw materials for petrol and oil production and mixture and other taxes and charges (if any) shall comply with the Finance Ministry's guidance.

Article 6.- Imported raw materials shall be used only for petrol and oil production and mixture, not for other purposes.

Article 7.- Petrol and oil produced and mixed from imported raw materials shall be put into circulation on the domestic market after fully satisfying the State's current regulations on goods quality management. The trading in petrol and oil products shall comply with the provisions of the Regulation on petrol and oil trading agents, promulgated together with the Trade Ministry's Decision No. 1505/2003/QD-BTM of November 17, 2003.

Article 8.- The export of petrol and oil produced and mixed from imported raw materials shall be effected when the Trade Ministry's written permission therefor is obtained.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9.- Enterprises importing raw materials for petrol and oil production and mixture shall have to observe the current regulations on management of petrol and oil export, import, quality and sale prices and other relevant current regulations.

Article 10.- Annually, enterprises shall report to the Trade Ministry and the Finance Ministry results of the import of raw materials and the production and mixture of petrol and oil (reports are made according to a set form).

Article 11.- Enterprises importing raw materials for petrol and oil production and mixture, which violate the provisions of this Regulation shall, depending on the seriousness of their violations, be handled according to the regulations on handling of administrative violations in the trade field and the current law provisions.-